Project Manual (60).pdf

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Attention: Pursuant to Texas Government Code § 2252.908, you must be able to provide

Brazoria County Municipal Utility District No. 51 (the "District") with printed and signed copies of a completed disclosure of interested parties form (Form 1295) and a certificate of filing at the time of the District's execution of the contract. Failure to do so will result in the

District's inability to execute the contract. To complete the disclosure of interested parties form, or for further information, please visit the Texas Ethics Commission's website at https://www.ethics.state.tx.us.

BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 51

BRAZORIA COUNTY, TEXAS

PROJECT MANUAL FOR THE

CONSTRUCTION OF MASS GRADING, EXCAVATION, AND MITIGATION PLAN,

SERVING VERONA DEVELOPMENT IN BRAZORIA COUNTY MUNICIPAL

UTILITY DISTRICT NO. 51, BRAZORIA COUNTY, TEXAS

AND

CONSTRUCTION OF CLEARING AND DEMOLITION, SERVING VERONA

DEVELOPMENT IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 51,

CONTRACT ID NO. 08072026-01

TABLE OF CONTENTS

SUBJECT PAGE NO.

INVITATION TO BIDDERS 1 PAGE

INSTRUCTION TO BIDDERS 7 PAGES

SUPPLEMENTAL CONDITIONS TO INSTRUCTIONS

TO BIDDERS

5 PAGES

BID PROPOSAL P-1 THRU P-17

CONTRACT 2 PAGES

PERFORMANCE BOND (PRIVATE) 3 PAGES

PAYMENT BOND (PRIVATE) 3 PAGES

APPROVAL OF OWNER 1 PAGE

MEMORANDUM OF CONTRACT 3 PAGES

MAINTENANCE BOND 2 PAGES

GENERAL CONDITIONS OF THE CONTRACT 39 PAGES

ATTACHMENT A TO THE GENERAL CONDITIONS OF THE

CONTRACT

9 PAGES

ATTACHMENT B TO WAGE RATE 22 PAGES

SPECIAL CONDITIONS TO THE CONTRACT PART A 2 PAGES

TECHNICAL SPECIFICATIONS

PROVISIONS TO TECHNICAL SPECIFICATIONS PTS-1

CITY OF HOUSTON PUBLIC WORKS STANDARD

CONSTRUCTION SPECIFICATIONS AND STANDARD

CONSTRUCTION DETAILS DATED 2026

2 PAGES

HARRIS COUNTY ENGINEERING DEPARTMENT STANDARD

CONSTRUCTION DETAILS DATED 2023

1 PAGE

HARRIS COUNTY FLOOD CONTROL DISTRICT STANDARD

CONSTRUCTION DETAILS DATED 2020

1 PAGE

AVAILABILITY OF FACILITIES 1 PAGE

SEEDING AND FERTILIZER 2 PAGES

HYDROMULCH SEEDING AND FERTILIZING 2 PAGES

BARRICADES AND WARNING DEVICES 1 PAGE

CLEAN-UP 1 PAGE

TRENCH SAFETY SYSTEMS 2 PAGES

COMPACTED FILL 1 PAGE

CLEARING AND GRUBBING 1 PAGE

SUMMARY OF WORK (SECTION 01010) 4 PAGES

SUBMITTALS (SECTION 01300) 7 PAGES

SHOP DRAWINGS, PRODUCT DATA AND SAMPLES

(SECTION 01340)

3 PAGES

SCHEDULE OF VALUES (SECTION 01370) 2 PAGES

TESTING LABORATORY SERVICES (SECTION 01410) 3 PAGES

TEMPORARY CONSTRUCTION FACILITIES AND UTILITIES

(SECTION 01500)

TRENCH SAFETY SYSTEM (SECTION 01526) 4 PAGES

TESTING PIPING SYSTEMS (SECTION 01669) 6 PAGES

PROJECT RECORD DOCUMENTS (SECTION 01720) 3 PAGES

OPERATION AND MAINTENANCE (O&M) DATA

(SECTION 01730)

EXCAVATING, TRENCHING AND BACKFILLING

(SECTION 02221)

4 PAGES

CONCRETE FORMWORK (SECTION 03100) 7 PAGES

CONCRETE REINFORCEMENT (SECTION 03200) 5 PAGES

CAST-IN-PLACE CONCRETE (SECTION 03300) 9 PAGES

SEALANTS AND CAULKING (SECTION 07920) 7 PAGES

ACCESS COVER WITH SAFE HATCH (SECTION 11000) 2 PAGES

SUBMERSIBLE PUMPS (SECTION 11316) 6 PAGES

COUPLINGS, FLANGED COUPLING ADAPTERS

AND SERVICE SADDLES (SECTION 15123)

4 PAGES

STRUCTURAL EXCAVATING AND BACK FILLING

(H.C.F.C.D. – SECTION 02316)

5 PAGES

CONCRETE (H.C.F.C.D. – SECTION 03310) 9 PAGES

TURF ESTABLISHMENT (H.C.F.C.D. – SECTION 02921) 6 PAGES

MULCH AND TACKIFIER (H.C.F.C.D. SECTION 02925) 2 PAGES

MOWING (H.C.F.C.D. – SECTION 02938) 2 PAGES

RIP RAP AND GRANULAR FILL (H.C.F.C.D. – SECTION 02378) 4 PAGES

BRAZORIA COUNTY M.U.D. NO. 51

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Date: Sept 1, 2026

INVITATION TO BIDDERS

Sealed Bids addressed to Brazoria County Municipal Utility District No. 51, Owner, Attention James

Shanks, President, Board of Directors, will be received electronically at www.CivcastUSA.com or at the office of Benchmark Engineering Corporation, 2401 Fountain View Drive, Suite 500, Houston, Texas

77057, until 10:00 a.m. Local Time, Friday, September 18, 2026, and then publicly opened and read for the

“Construction of Mass Grading, Excavation, And Mitigation Plan, Serving Verona Development in

Brazoria County Municipal Utility District No. 51, Brazoria County, Texas” and “Construction of Clearing and Demolition, Serving Verona Development in Brazoria County Municipal Utility District No. 51, Brazoria County, Texas”. In addition to the opening of sealed Bids at the address above, you may view the public opening of sealed Bids via computer, tablet, mobile app, or room device by going to Microsoft

Teams meeting: ID: 263 255 689 541 336 Passcode: QJ6ro6Tu

Scope of Work of the Contract Documents includes the following: the furnishing of all material, equipment, labor, and supervision necessary or incidental for the construction of the proposed mass grading, excavation, mitigation plan, clearing, and demolition serving Verona Development.

Bids received after the closing time will be returned unopened. A non-mandatory pre-bid conference will be held remotely on Friday, September 11, 2026, at 10:00 a.m. Local Time. You can join this meeting from your computer, tablet, mobile app, or room device by going to Microsoft Teams meeting ID: 262 886 804

695 214 Passcode: iB3QK9Ck

Each Bid must be accompanied by a Bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than five percent (5%) of the total amount Bid, as a guarantee that the successful bidder will enter into the Contract Documents and execute the Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. If a certified or cashier’s check is provided, the successful bidder shall deliver, at the bid opening address, the original certified or cashier’s check within one (1) business day of receipt of the bid opening.

Copies of the bidding documents may be reviewed and obtained from www.CivcastUSA.com: search

“Construction of Mass Grading, Excavation, And Mitigation Plan, Serving Verona Development in

Brazoria County Municipal Utility District No. 51, Brazoria County, Texas” and “Construction of Clearing and Demolition, Serving Verona Development in Brazoria County Municipal Utility District No. 51, Brazoria County, Texas”. Bidders must register on this website to view and/or download specifications, plans, soils report, and environmental reports for this Project. There is NO charge to view or download documents.

A bidder submitting electronic Bids must submit its Bid and Bid Securities in compliance with Owner’s

Order Adopting Section 49.2731 Electronic Bidding Rules and all electronic Bids and Bid Securities must be submitted through www.CivcastUSA.com. Bidder must register on this website to submit a Bid and Bid

Security and there is no charge to submit Bids and Bid Securities on this website.

By submitting a Bid, bidder acknowledges and agrees that the Contract Documents may be accepted, executed or agreed to through the use of an Electronic Signature, as defined by and in accordance with

Owner’s Electronic Signature Rules for Construction Contracts.

The Owner reserves the right to reject any or all Bids and to waive all defects and irregularities in bidding or bidding process except the time for submitting a Bid. The successful bidder, if any, will be the responsible bidder, which in the Board’s judgment will be most advantageous to the District and result in the best and most economical completion of the Project.

BRAZORIA COUNTY M.U.D. NO. 51

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The requirements of Subchapter J, Chapter 552, Government Code, may apply to this Bid and the bidder agrees that the Contract Documents can be terminated if the bidder knowingly or intentionally fails to comply with a requirement of that subchapter.

KB HOME LONE STAR INC A TEXAS CORPORATION INSTRUCTIONS TO BIDDERS

FOR THE BENEFIT OF BRAZORIA COUNTY M.U.D. 51

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INSTRUCTIONS TO BIDDERS

1. PREPARATION OF BIDS. Unless otherwise directed in the Invitation to Bidders, each Bid must be submitted on the bid forms provided or on photocopies of the forms, in conformity with the requirements of the Invitation to Bidders, these Instructions to Bidders (“Instructions”), and the instructions printed on the bid form. In addition, if submitting a paper Bid, the Bid must be submitted in duplicate.

All blanks on the bid form must be completed and no change shall be made to the bid form or any other of the Contract Documents. All amounts must be in figures, with amounts extended and totaled. If minimum unit prices have been established for certain items, the minimum unit prices will be shown on the bid form.

See Paragraph 8 of these Instructions. If the bidder chooses not to bid on optional items (if any), “No Bid” must be entered in the bid space. Any Bid may be rejected if it contains any omission, erasure, alteration, addition, irregularity of any kind, or items not called for; if it does not submit prices for each of the items in the bid form; if it is not signed by the bidder; if it is unbalanced; or if it in any manner, fails to conform to the conditions of the Invitation to Bidders and these Instructions. An “unbalanced” Bid means a Bid containing unit prices that are significantly less than cost for some items and significantly more than cost for others. This may be evidenced by submission of unit price Bid items where the cost is significantly higher/lower than the cost of the same Bid items submitted by other Bidders on the same Project.

The bidder must sign its Bid. If the Bid is made by a partnership or corporation, the name and address of the partnership or corporation must be shown together with the names and addresses of the partners or officers. If the Bid is made by an individual, it must be executed by that person; if made by a partnership, it must be executed by one of the partners (and if by a limited partnership, then executed by the general partner); or if made by a corporation, it must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or assistant secretary of the corporation. The corporate address and state of incorporation shall be shown below the signature.

When applicable, evidence of authority to conduct business as an out-of-state corporation in the State of Texas must be provided in accordance with the paragraph entitled QUALIFICATION OF BIDDERS. State contractor license number, if any, must also be shown.

The Bid and the Bid Security must be sealed and must identify the contents (i.e., Bid or Bid Security), the bidder’s name, and the job name and number, and be addressed to the Owner as prescribed in the Invitation to Bidders.

2. CONTRACT DOCUMENTS. The Contract Documents are complementary and must be read together as a whole; what is called for by one is binding as if called for by all.

Bidders desiring further information or further interpretation of any part of the Contract Documents are hereby obligated to submit a written request via email to rfrench@benchmarkengr.net for such information to Engineer not less than seven (7) calendar days before the Bid opening. If appropriate, answers to these requests will be given, in writing, to all bidders as addenda to the Contract Documents, and when each addendum is issued it becomes a part of the Contract Documents. No explanation or interpretation of the Contract Documents, other than written addenda, is binding.

Should a bidder find discrepancies or errors in or omissions from the Contract Documents or should the bidder be in doubt as to any meaning, the bidder is hereby obligated to notify Engineer in writing. It is the responsibility of each bidder to determine if it has received all addenda, complete files of which will be maintained at the Engineer’s office and the office designated to receive the Bids, if any.

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Each bidder must inform itself fully of the construction and labor conditions under which the Work will be performed and will be presumed to have inspected the Site and to have read and to be thoroughly familiar with the Contract Documents. Failure to do so will not relieve the successful bidder of its obligation to furnish all materials and labor necessary to carry out the requirements of the Contract Documents and to complete the Work for the consideration in its Bid.

3. PRE-BID CONFERENCE. A NON-MANDATORY pre-bid conference among Owner, Engineer, prospective bidders, and others will be held to discuss the scope of the Work and to answer questions concerning the Work. No addendum will be issued at this conference, but an addendum will be issued afterwards, if necessary, to answer questions. The pre-bid conference will be held at the place and time stated in the Invitation to Bidders or as modified by written addenda.

4. BID SECURITY. Each Bid must be accompanied by a bid bond or a certified or cashier’s check, acceptable to the Owner, in an amount not less than two (2) percent of the total amount bid (the “Bid Security”), as a guarantee that the successful bidder will enter into the Contract and execute the required Bonds on the forms provided and provide the required insurance certificates and Bonds within seven (7) days after the date Contract Documents are received by the successful bidder. Bid Securities will be returned to all but the three (3) most qualified, responsible bidders within three (3) days after opening of Bids, and the latter’s Bid Securities will be returned after complete execution of the Contract Documents.

If the successful bidder does not enter into the Contract after notice of award, then the bidder’s Bid Security will be forfeited and will be retained by Owner. If the award of the Contract to the successful bidder is canceled or not executed for any reason, the Owner may accept the next lowest bid and proceed with the next-lowest qualified bidder.

5. BONDS. The successful bidder must furnish a performance bond and a payment bond each in the sum of 100 percent (100%) of the Contract Price. The successful bidder must also provide a two-year (2) Maintenance Bond for fifty (50) percent of the cost of the construction of the improvements. The Payment

Bond form must comply with the Requirements of Subchapter I of Chapter 53 of the Texas Property

Code. The Bonds must be from a surety company holding a permit from the State of Texas to act as surety.

Unless otherwise specified, the cost of proving Bonds must be included in the bidder’s total Bid amount.

The surety company must have a minimum Best Key Rating of “B+” or better. The surety company, the agency and agent issuing the Bonds must be authorized to issue Bonds in Texas in an amount equal to the total Contract Price and such authorization must be recorded in the files of the Texas Department of Insurance. The person executing the Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the Texas Department of Insurance. All Bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act. The Bonds must be executed by a duly appointed representative of the surety company licensed by the State of Texas as a General Lines Agent and such licensing must be recorded in the files of the Texas Department of Insurance. If the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety listed in the current U.S. Department of Treasury Circular 570, and must meet all of the rules and regulations of the Treasury Department with respect to performance and payment bonds for federal jobs, including specifically the rules related to underwriting limitation. For contracts over $100,000, the surety must also hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for any liability in excess of $1,000,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. If bidder’s proposed surety company, agency or agents do not meet the requirements herein, then Owner may refrain from considering the bidder for Contract award and Owner may require bidder to forfeit its Bid Security.

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It is further agreed that the successful bidder will execute the Bonds required for the satisfactory performance of the Work, the fulfillment of any guarantees required, and the prompt payment to all persons supplying labor and materials in the prosecution of the Work, in accordance with the Contract Documents and on the forms provided for this purpose. It is agreed that this Contract is not in effect until the required Bonds are furnished and approved by Owner. Upon increase of the Contract Price authorized by Change Order, Contractor must immediately provide revised Bonds for such increased Contract Price. Contractor’s failure to provide compliant Bonds may be grounds for immediate termination regardless of whether the Contractor has started the Work on the Project.

If the surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements herein Contractor must promptly notify Owner and Engineer and must, within ten (10) calendar days after the event giving rise to such notification, provide another Bond and surety to fulfill the required obligations.

6. DELIVERY OF BIDS. It is each bidder’s responsibility to deliver its Bid and Bid Security as stated in the Invitation to Bidders before the closing time. The fact that a Bid and a Bid Security were dispatched will not be considered. The Bid and Bid Security must be timely delivered to be considered.

7. “OR EQUAL” SUBMISSIONS. Where materials or equipment are specified by a trade or brand name, it is not the intention of the Owner to discriminate against an equal product of another manufacturer, but to set a definite standard of quality or performance. In preparing its proposal, each bidder is expected to include in its base Bid the cost of the item so specified. However, in certain Technical Specification sections, manufacturers are listed followed by “or equal”. In certain other Technical Specification sections, manufacturers are listed with “or equal” not included. In those items where “or equal” is not included, it is hereby added and understood to be included, even though not specifically stated in each Technical Specification. If a bidder chooses to submit a suggested “or equal” product in lieu of a product by one of the named manufacturers, Owner will evaluate the item to determine if it is an “equal”. The bidder is responsible for providing all data required to evaluate an item submitted as a suggested “or equal.” Owner’s decision on whether a suggested manufacturer is an “equal” is final. No claims for additional cost or time delay, etc. will be accepted if a suggested manufacturer is submitted by bidder as an “equal” and Owner decides the item is not “equal”.

Bidder must submit its list of suggested “or equal” items at time of Bid submission. No additional suggested “or equal” items will be considered after bid opening.

8. MINIMUM UNIT PRICE ITEMS. If the approximate quantity and a minimum unit price have been established for items in the bid form, the bidder may not bid a unit price less than the minimum value;

however, it may bid an amount greater than the minimum unit price. If no entry is made in the spaces provided, the minimum unit prices shown apply.

9. EXTRA UNIT PRICE ITEMS. Extra Unit Price Items are included to facilitate payment for changes and alterations that may be required to complete the Work. The Work, as provided by the Contract Documents, is described in bid items other than Extra Unit Price Items. When additional Work covered by Extra Unit Price Items is performed, payment will be based on the quantity constructed and the unit prices entered in the Bid.

10. TIME FOR COMPLETION. Contractor will not be allowed time extensions (i) due to inclement weather except for Force Majeure events as defined under Section 1.01 of the General Conditions of the

Contract; (ii) due to non-availability of equipment or material, when the principal units of Work and tasks on the critical path are not in progress or are not delayed by the event of delay, interference, disruption, or

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(v) when an event of delay, interference, disruption, or hindrance occurs on a day other than a working day or other day when the Contractor had not originally planned to work; (vi) when an event of delay, interference, disruption, or hindrance occurs after the expiration of the Contract Time; (vii) to the extent the Contractor could have anticipated or alleviated the impact of the event of delay, interference, disruption, or hindrance through reasonable efforts; (viii) when events of concurrent delay overlap the claimed delay;

and/or (ix) when an extension of time is precluded by any provision of the Contract Documents.

11. QUALIFICATION OF BIDDERS. The apparent most qualified, responsible bidder must submit to Owner, within five (5) calendar days of notification of award of the Contract, either (i) a fully completed contractor’s statement of qualification or (ii) a written statement that the most recently submitted contractor’s statement of qualification is accurate, which statement of qualification must be considered in the award of the Contract. Failure to accurately complete the contractor’s statement of qualification or to timely submit the statement of qualification will, at Owner’s option, disqualify the bidder from consideration in the award of the Contract. The form of the Contractor’s statement of qualification is available from the Engineer. Owner may reject, at Owner’s sole discretion, a bidder’s statement of qualification if the bidder’s statement of qualification is not on the form provided. Evidence of out-of-state incorporation to conduct business in the state in which the Work is to be performed, along with state contractor license number, must also be provided and is a consideration in the award of the Contract.

12. MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered in the same manner as Bids were submitted at any time prior to the opening of Bids. If, within twenty-four (24) hours after Bids are opened, any bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid despite the exercise of ordinary care, that bidder may withdraw its Bid and the Bid Security will be returned.

13. INTENTIONALLY DELETED.

14. AWARD OF CONTRACT. Owner reserves the right to reject any or all Bids, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any bidder if Owner believes that it would not be in the best interest of the Project to make award to that bidder, whether because the Bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria of Owner. Owner also reserves the right to waive all informalities and defects in bidding, except time of submitting a Bid.

Discrepancies between the multiplication of units and unit prices in a Bid will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum if the correct sum is evident from the face of the Bid.

In evaluating Bids, Owner will consider, among other things, the qualifications of bidders, whether the Bids comply with the prescribed requirements, and such substitutions, alternates, unit prices and other data, as may be requested in the bid form or prior to the Bid opening. Alternate bid items will not be considered unless requested in the bid form.

Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for the Work. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work.

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Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner’s satisfaction.

BY SUBMITTING A BID, EACH BIDDER AUTHORIZES OWNER TO PERFORM ALL

INVESTIGATIONS INTO THE BIDDER’S BACKGROUND, CAPABILITIES, PRIOR EXPERIENCE,

AND OTHER FACTORS PERTAINING TO BIDDER’S PERFORMANCE OF THE WORK AS

OWNER DEEMS NECESSARY IN ITS SOLE DISCRETION, AND FOR THAT PURPOSE,

SUBMISSION OF A BID ACTS AS BIDDER’S SPECIFIC AUTHORIZATION TO PERSONS AND

ENTITIES CONTACTED BY OWNER IN CONNECTION WITH SUCH INVESTIGATIONS TO

PROVIDE OWNER WITH THE INFORMATION REQUESTED BY OWNER AND TO DISCUSS AND

EXPRESS OPINIONS CONCERNING BIDDER. FURTHER, BY SUBMISSION OF A BID, BIDDER

AGREES TO FULLY AND FOREVER WAIVE AND RELEASE ANY CLAIM (KNOWN OR

UNKNOWN) IT HAS OR MAY HAVE AGAINST THE OWNER AND ENGINEER AND THEIR

RESPECTIVE ATTORNEYS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AND AGENTS

(“THE EVALUATING PARTIES”) ARISING OUT OF OR IN CONNECTION WITH THE: (1)

ADMINISTRATION, EVALUATION, OR RECOMMENDATION (OR LACK THEREOF) OF ANY

BID; (2) WAIVER OF ANY REQUIREMENTS UNDER THE BID DOCUMENTS OR THE

CONTRACT DOCUMENTS; AND (3) ACCEPTANCE OR REJECTION OF ANY BIDS AND AWARD

OF THE CONTRACT.

Owner reserves the right to award the Bid, at Owner’s discretion, based on the amount of the total base bid (without including “Extra Unit Price Items” or “alternate” bid items) or on the amount of the total amount bid (including “Extra Unit Price Items” or “alternate” bid items), or based on any other combination, means or method determined appropriate by Owner.

If the Contract is to be awarded, it will be awarded to the responsible bidder whose evaluation by Owner indicates that the award will be most advantageous to the Owner and result in the best and most economical completion of the Work.

If the Contract is to be awarded, Owner will give the successful bidder a notice of award within sixty

(60) days after the day of the Bid opening. All bidders must honor their Contract Price on the bid form, if the Contract is awarded within the timeframe provided herein. A Notice to Proceed will be issued within a reasonable period after the Contract Documents are fully executed.

Within seven (7) calendar days of receipt from the Owner after notice of award, the successful bidder must submit to the Engineer the payment and performance bonds and all information or other items necessary to complete the Contract Documents, including the required insurance, anticipated construction schedule, and Contractor’s safety program. See SAFETY under Section 5.20 of the General Conditions of the Contract.

The successful bidder must return the fully executed Contract Documents to Engineer within seven (7) calendar days of receipt, or Owner may at its sole discretion disqualify the Bid and accept another Bid and the bidder must, at Owner’s option, forfeit its Bid Security.

15. TAXES, LICENSES AND FEES. Certain taxes, licenses, fees, and other similar items are part of the cost of the Work, and it is bidder’s responsibility to familiarize itself with these costs and to observe and comply with the Laws and Regulations relating to same. The prices, sums, rates, and other charges set forth in the bidder’s Bid must cover and include all such costs. If this Contract is for construction of a water or wastewater system, certain tax exemptions under Tax Code 151.355 may apply. If the improvements under this Contract will be owned by a governmental entity that is not the District, Tax Code 151.309 may apply. Contractor, and all subcontractors to Contractor (i) must not include any provision for Texas sales and use taxes with respect to such exempt items in any Bid or the Contract Price, and (ii) must pass on to

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16. NUMBER OF SIGNED SETS OF DOCUMENTS. The Contract Documents will be prepared in at least four (4) original sets for signature, one (1) for delivery to the successful bidder. Owner will furnish the successful bidder six (6) sets of Plans and Technical Specifications free of charge, and additional sets may be obtained from Engineer at Engineer’s reproduction rates.

17. ELECTRONIC COUNTERPARTS; FORM OF BONDS TO BE PROVIDED TO OWNER.

The Contract Documents may be executed and delivered in any number of counterparts, each of which so executed and delivered will be deemed to be an original and all of which will constitute one and the same instrument.

18. INSURANCE. See section entitled “INSURANCE REQUIREMENTS” attached to and incorporated into the General Conditions of the Contract as Attachment A to the General Conditions of the Contract.

19. SOILS REPORT. If a soils investigation has been made for this Project, the soils report and log of borings is available for bidder’s information only. The report is not a warranty of subsurface conditions, nor is it a part of the Contract Documents. Bidders are expected to examine the Site and such reports and then decide for themselves the soils or conditions that may be encountered.

Owner and Engineer disclaim any responsibility for the accuracy, true location and extent of the surface and subsurface investigations that have been prepared by others. Owner and Engineer further disclaim responsibility for interpretation of that data by bidder, e.g., projecting soil-bearing values, rock profiles, soil stability and the presence, level and extent of underground water or other underground facilities or utilities.

20. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE.

(A) General: The public improvements being constructed under this Contract will be owned, operated, and maintained by a governmental entity. Since the public improvements being constructed under this Contract will be owned by a governmental entity, Chapter 2258 of the Texas Government Code applies to this Contract. Chapter 2258 of the Texas Government Code provides that any political subdivision of the State of Texas shall determine the general prevailing wage rate received by the classes of workers employed on projects similar to this Project and shall specify in the call for bids and in the Contract Documents the minimum wage rates which must be paid for each type of worker. This statute further provides that the Contractor or subcontractors must pay, as penalty to Owner, Sixty Dollars ($60.00) for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. Owner is authorized to withhold from the Contractor the amount of this penalty from any payment due under the Contract Documents.

The statute likewise requires that the Contractor and subcontractors keep an accurate record of the names and occupations of all persons employed by them on the construction of the Project and to show the actual per diem wages paid to each worker. These records are open to the inspection of Owner.

(B) The minimum wage rates that apply to this Contract are specified in Attachment B to the

General Conditions of the Contract. Contractor and subcontractors must review and ascertain such wage rates and pay at least such minimum rates.

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[21. LIQUIDATED DAMAGES. The Contractor and the Owner agree that with regard to all dates, time periods, and deadlines set forth or referred to in this Contract, time is of the essence. The Contractor and the Owner agree that a breach of this Contract by failure to complete the Work in the specified time will cause harm to the Owner, and further agree that the harm the Owner would sustain and the actual measure of damages the Owner would incur from the breach is incapable or very difficult of ascertainment.

Therefore, the Contractor and the Owner agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the time limit(s) set in the Contract, or as extended under the terms of the Contract (including, without limitation, due to a delay caused by Contractor’s failure to comply with the Contract Documents or due to Owner’s termination of Contractor for default under the Contract Documents), Contractor shall be liable to Owner for liquidated damages in the amount of $500 for each such calendar day, which sum the parties agree is a reasonable forecast of just compensation for the damages the Owner will sustain per day that the Work remains uncompleted. The Owner shall have the option to deduct and withhold said amount from any monies that the Owner owes the Contractor or its sureties or to recover such amount from the Contractor or the sureties on the Contractor’s Bond.]

KB HOME LONE STAR INC. SUPPLEMENTAL CONDITIONS TO

A TEXAS CORPORATION INSTRUCTIONS TO BIDDERS

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SUPPLEMENTAL CONDITIONS TO INSTRUCTIONS TO BIDDERS

1. The successful Bidder must furnish a Performance Bond and Payment Bond in the amount of

100% of the Contract Price and a 2-year Maintenance Bond in the amount of 50% of the Contract Price. Owner reserves the right to reject the bond of any company by stating only that the bond of this firm is unsatisfactory. Minimum criteria for acceptability of surety companies that will issue Payment, Performance, and Maintenance Bonds are as follows (failure to meet this criteria will result in disqualification of Bidder):

1.1. The surety company must be authorized to do business in Texas, which authorization must be recorded in the files of the State Board of Insurance;

1.2 The surety company must be authorized to issue Payment, Performance, and Maintenance Bonds in the amount required for the particular contract, which authorization must be recorded in the files of the State Board of Insurance;

1.3. The person executing the Payment, Performance, and Maintenance Bonds must be a licensed Texas local recording agent and such licensing must be recorded in the files of the State Board of Insurance;

1.4. The person executing the Payment, Performance, and Maintenance Bonds must be authorized by the surety company to execute Payment, Performance, and Maintenance Bonds on behalf of the company in the amount required for the contract and such authorization must be recorded in the files of the State Board of Insurance;

1.5. The surety company must have a rating of at least "B+" in the current Best's Key

Rating Guide; or if the surety company does not have such a rating due to the length of time it has existed, the surety company must be eligible to participate in the surety bond guarantee program of the Small Business Administration and must be an approved surety listed in the current U.S. Department of Treasury Circular 570, and must meet all of the related rules and regulations of the Treasury Department.

1.6. For contracts over $100,000, the surety must also hold a certificate of authority from the United States Secretary of Treasury to qualify as a surety on obligations permitted or required under federal law, or have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law.

1.7. The bidder must submit, along with the bid, the name of the person and firm or corporation that will execute the Payment, Performance, and Maintenance Bonds and a certification by the bonding company that the above requirements are satisfied.

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2. All construction shall be in accordance with the City of Alvin and Brazoria County standards and specifications together with the latest amendments and modifications.

3. All unit prices shall include the removal and restoration of all existing features to their original condition to include, but not limited to, power poles, light poles, signs and signals, fences, retaining walls, driveways, trees, landscaping, grasses, sprinkler heads and piping.

4. All unit prices shall include all necessary traffic measures required to insure the safety of pedestrians, vehicles and workers.

5. All unit prices are to include all applicable permitting costs for work within Brazoria County, Texas.

6. Cost of testing shall be paid by Contractor. Testing (i.e. including trench compaction, fill compaction, concrete, cement stabilized sand) and inspection of materials as required by this Contract, City of Alvin, Brazoria County, and Brazoria County Municipal Utility District No. 51. The Owner requests Geotech Engineering and Testing (Ron Motamedchaboki at 713-699-4000) to be hired by the owner and coordinated by contractor for the testing of materials to be performed for this project. Copies of testing results shall be sent directly to the Engineer from the testing company. No extra pay for this work.

7. Contractor is responsible for all testing, such as, pressure testing of water and sanitary lines, mandrel testing, vacuum testing of manholes, bacterial testing of water lines, and any other test required by City of Alvin, Brazoria County, and Brazoria County Municipal Utility District No. 51. Include cost into the overall cost of project. No extra pay for this work.

8. If it is in the Owner's best interest, it may elect to issue a work order to proceed simultaneously with the signing of the contract.

9. All unit prices are to include all bonding cost including performance and payment bonds required by Brazoria County, City of Alvin, and other regulatory agencies under whose jurisdiction the project is located.

10. Any measurement of excavation that may be required will be measured in its original state before work in the project was started. Volume will be based on this calculation and not on dump truck haul loads.

11. The Contractor shall submit to the Owner with each monthly pay estimate a Contractor's affidavit of bills paid and waiver of lien-materials and labor for work performed.

12. Before beginning construction, the Contractor shall provide the Owner and Engineer with a work schedule for the project. This work schedule shall be updated as required.

13. After completion of work and prior to final invoice of the project, Contractor shall furnish

Owner with two (2) sets of as-built construction plans, certified and signed by a Registered Professional Land Surveyor in the State of Texas. This work is included in the 3% construction staking and as-built surveying services performed by Benchmark Engineering

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Corporation and paid for by the Contractor. Include cost in pay item 1, page P-16 of the proposal.

14. Contractor should be aware that time of completion of the project is a factor in determining the successful bidder.

15. The Contractor shall notify City of Alvin Engineering Department and Benchmark

Engineering Corporation at least forty-eight (48) hours prior to starting construction.

16. Contractor shall keep the streets clean and free of dirt and debris from trucks traveling in and out of work area. Contractor shall clean and/or sweep streets on a regular basis as required by Engineer. No extra pay for this item.

17. All unit prices shall include the necessary bedding and backfill in accordance with the City of Alvin’s latest specifications standard specifications) and details and any amendments thereto. Special bedding for wet sand conditions will be paid for as set out in the proposal section of these Contract Documents.

18. All unit prices shall include dewatering, by means of sump pump and providing surface drainage swales to keep the site drained for construction after rains. No ponding of water will be allowed.

19. Contractor is responsible for obtaining permits and providing bonds for working in City of

Alvin, Brazoria County & TXDOT rights-of-way. Contractor shall include cost in the overall cost.

20. A soils report prepared by Geotech Engineering and Testing, Inc., is available for review at

Benchmark Engineering Corporations’ office.

21. Contractor shall be responsible for obtaining at his cost the Stormwater Permit and comply with all aspects of the Texas Pollutant Discharge Elimination System (TPDES) General Permit for Stormwater Discharge from Construction Activities in Texas and with the Storm Water Pollution Prevention Plan (SWPPP) that has been developed for the project.

22. The Contractor shall obtain the necessary documentation so that any sales tax exemptions due to the nature of the work performed pursuant to this Contract shall be applied to this Contract, and these cost savings due to the Project's exempted status shall be passed on to the Owner. Contractor and each of its subcontractors or sub-subcontractors must obtain a Texas Limited Sales, Excise and Use Tax Permit for all materials required to be purchased in connection with the Project.

23. Prior to final payment, the Contractor shall provide a two-year Maintenance Bond in the amount of 50% of the construction cost to the Owner. Contractor shall include cost in overall price of the bid.

24. Contractor is responsible for keeping work area neat and clean at all times.

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25. Contractor should be aware that electrical service is not available at the site. Any power source required will have to be on auxiliary power. There will be no extra pay for this item.

26. Fill area compaction testing to be in accordance with Technical specifications bound herein.

Minimum compaction efforts shall be to 95% standard proctor density in maximum 8” lifts and tested per lift by a soils laboratory hired by the Contractor and approved by the Engineer. Intervals of testing for this project shall be a minimum of two (2) test per 6,000 sq.

ft. of surface area per each lift of fill. Contractor shall coordinate Item 3, Page P-16 of the proposal. Testing is to be done by Geotech Engineering and Testing and paid for by the Owner and coordinated by the Contractor. Contractor shall contact Mr. Ron Motamedchaboki at 713-699-4000.

27. Detailed construction surveying and engineering record data will be performed by

Benchmark Engineering Corporation. A 3% cost for this work shall be added in pay item 1, page P-16 of the proposal by the Contractor based on the total construction bid amount. The Contractor will be responsible for paying Benchmark Engineering Corporation for this work.

Invoices will be submitted to the Contractor monthly or per each pay estimate submitted for work completed by the Contractor. Payment is due upon funding of the Contractor pay estimates. Note: Any Change Orders, if required, will require 3% additional added in cost.

28. Contractor shall maintain any existing silt fencing abutting the work area. Contractor shall include cost for maintaining existing fencing into the overall cost of the project.

29. Contractor is responsible for coordinating his work with other contractors working within the project area.

30. Contractor shall keep site drainage open at all times. Ponding of water on the site in the work area and site grading area will not be allowed. Contractor shall grade site to drain and construct drainage swales with the approval of the Engineer. No additional pay for this work. Add cost into the overall price bid of the work.

31. Contractor is responsible for filing the Notice of Intent (NOI) application for permit for Stormwater Pollution Prevention Plans to the TCEQ for this project. Contractor is also responsible for filing the N.O.T. (Notice of Termination) after 70% grass coverage is obtained. He is to keep daily logs and inspection reports and any other requirements in accordance with the permit. A copy of the inspection reports shall be submitted with Contractors monthly request for payment.

32. Contractor is directed to Item 20, Workers’ Compensation Insurance Coverage, page 7 of the

Instruction to Bidders and Item 21 of the Supplementary Conditions, page SUP-6 where the contractor shall meet all conditions as set forth including providing Certificates of Insurance coverage to the Owner for not only his workers but also for all sub-contractors working on the project.

33. Contractor shall be responsible for constructing any haul road he may need for job performance. He shall maintain drainage along the road at all times during construction of the project. After completion of the fill operation contractor shall grade, haul road back to

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finish elevation of the area. No extra pay for this work, add cost into overall price bid of the project.

34. Contractor shall ensure that this project site is properly served with a sanitation facility

“Port-a-Can” prior to commencing any work. This item shall be in place on first day of work in the project. No additional pay for this item, include cost into overall price bid of the project.

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BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 51

PROJECT MANUAL FOR THE

CONSTRUCTION OF

MASS GRADING, EXCAVATION, AND MITIGATION PLAN, SERVING VERONA

DEVELOPMENT IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 51,

BRAZORIA COUNTY, TEXAS

AND

CONSTRUCTION OF CLEARING AND DEMOLITION, SERVING VERONA

DEVELOPMENT IN BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 51,

GENTLEMEN:

THE UNDERSIGNED BIDDER, having examined the plans, specifications, general and special conditions, other contract documents and all addenda thereto; and being acquainted with and fully understanding (a) the extent and character of the work covered by this Proposal; (b) the location, arrangements and specified requirements for the proposed work; (c) the locations character and condition of existing streets, roads, highways, pavements, surfacing, walks, driveways, curbs, trees, sewers, installation; both surface and underground, which may affect or be affected by the proposed work; (d) the nature and extent of the excavations to be made, and the type, character and general condition of materials to be excavated; (e) the necessary handling and rehandling of excavated materials, including the construction of fills and embankments; (f) the difficulties and hazards to the work which might be caused by storm and flood water; (g) local conditions relative to labor transportation, hauling and rail delivery facilities; and (h) all other factors and conditions affecting or which may be affected by the work.

THE UNDERSIGNED BIDDER HEREBY PROPOSES to furnish all required materials, supplies, equipment, tools and plant; to perform all necessary labor and supervision; and to construct, install, erect, equip and complete all work stipulated in, required by, and in accordance with the contract documents and the plans, specifications, and other documents referred to therein (as altered, amended, or modified by all addenda thereto) for and in consideration of the following unit prices:

It is understood that the Bidder has examined the site of the work and makes this proposal with full knowledge of same.

It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of the

Agreement.

APPROX. UNIT TOTAL

ITEM DESCRIPTION UNIT QTY. PRICE AMOUNT

GENERAL ITEMS

1. Contractor shall provide all required contractual bonds and permits for items it in this contract as specified in the contract documents. L.S. 1

2. Initial mobilization of all crews and equipment on-site, complete in place. L.S. 1

3. Contractor shall provide all contractual…